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Draft text of Arms Trade Treaty (ATT), 24 July 2012

Author(s):Amb. Moritan in conjunction with 173 negotiating state parties

24 July 2012

This text and attached pdf are the draft text of the Arms Trade Treaty (ATT) published on 24 July 2012 by Ambassador Moritan for consideration by state parties

﻿PreambleThe States Parties to this Treaty,1. Guided by the Purposes and Principles of the Charter of the United Nations;2. Recalling that the Charter of the United Nations promotes the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources;3. Reaffirming the obligation of all State Parties to settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered, in accordance with the Charter of the United Nations;4. Underlining the need to prevent, combat and eradicate the illicit trade of conventional arms and to prevent their diversion to illegal and unauthorized end use, such as terrorism and organized crime;5. Recognizing the legitimate political, security, economic and commercial rights and interests of States in the international trade of conventional arms;6. Reaffirming the sovereign right and responsibility of any State to regulate and control transfers of conventional arms that take place exclusively within its territory pursuant to its own legal or constitutional systems;7. Recognizing that development, human rights and peace and security, which are three pillars of the United Nations, are interlinked and mutually reinforcing;8. Recalling the United Nations Disarmament Commission guidelines on international arms transfers adopted by the General Assembly;9. Noting the contribution made by the 2001 UN Programme of Action to preventing, combating and eradicating the illicit trade in small arms and light weapons in all its aspects, as well as the 2001 Protocol against the illicit manufacturing of and trafficking in Firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organized Crime;10. Recognizing the security, social, economic and humanitarian consequences of the illicit trade in and unregulated trade of conventional arms;11. Recognizing the challenges faced by victims of armed conflict and their need for adequate care, rehabilitation and social and economic inclusion;12. Bearing in mind that women and children are particularly affected in situations of conflict and armed violence;13. Emphasizing that nothing in this treaty prevents States from exercising their right to adopt additional more rigorous measures consistent with the purpose of this Treaty;14. Recognizing the legitimate international trade and lawful private ownership and use of conventional arms exclusively for, inter alia, recreational, cultural, historical and sporting activities for States where such ownership and use are permitted or protected by law;15. Recognizing the active role that non-governmental organizations and civil society can play in furthering the goals and objectives of this Treaty; and16. Emphasizing that regulation of the international trade in conventional arms should not hamper international cooperation and legitimate trade in materiel, equipment and technology for peaceful purposes;

Have agreed as follows:PrinciplesGuided by the Purposes and Principles of the Charter of the United Nations, States Parties, in promoting the goals and objectives of this Treaty and implementing its provisions, shall act in accordance with the following principles:1. The inherent right of all States to individual or collective self-defense;2. Settlement of international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered;3. The rights and obligations of States under applicable international law, including international humanitarian law and international human rights law;4. The responsibility of all States, in accordance with their respective international obligations, to effectively regulate and control international transfer of conventional arms as well as the primary responsibility of all States to in establishing and implementing their respective national export control systems; and5. The necessity to implement this Treaty consistently and effectively and in a universal, objective and non-discriminatory manner.

Article 1 Goals and ObjectivesCognizant of the need to prevent and combat the diversion of conventional arms into the illicit market or to unauthorized end users through the improvement of regulation on the international trade in conventional arms,The goals and objectives of the Treaty are: